Berkshire unit to face lawsuit despite prior settlement

A federal judge in the United States has ruled that a unit of BERKSHIRE HATHAWAY INC-CL A must face a proposed antitrust class action lawsuit, despite a prior $250 million settlement by its brokerage subsidiary. U.S. District Judge Stephen Bough in Kansas City, Missouri, rejected arguments that Berkshire Hathaway Energy and its subsidiary, HomeServices of America, should be treated as a single enterprise for antitrust purposes. The judge's decision means the parent unit remains liable for claims that it conspired to inflate the commissions home sellers pay to real estate agents.

In his ruling, Bough noted that the 2024 settlement reached by HomeServices was intended to address the brokerage's own resources and did not excuse deeper-pocketed Berkshire entities from potential liability. The judge cited a filing from November 2024 where HomeServices asked the court to evaluate the fairness of its accord based on its specific financial standing. Michael Ketchmark, an attorney representing the home sellers, stated that he looks forward to presenting evidence regarding the conglomerate's role in the alleged conspiracy.

"I look forward to a jury trial and showing Berkshire Hathaway Energy's role in propping up this conspiracy to pick the pockets of homeowners."

Berkshire Hathaway, the Omaha-based conglomerate led by Chairman Warren Buffett and CEO Greg Abel, concluded 2025 with a cash position of $373.3 billion. This ongoing legal battle follows a landmark shift in the industry after a Missouri jury in 2023 ordered the National Association of Realtors and several major brokerages to pay $1.8 billion for overcharging sellers. While most defendants have since settled, some objectors have appealed to the 8th U.S. Circuit Court of Appeals, arguing that the existing settlements are inadequate. Total legal payouts related to commission lawsuits have now surpassed $1 billion across the industry.